In the wake of a car crash, the subject of auto accident law can be a difficult one to make sense of, especially when it comes to the issue of fault. Missouri, like all states, has specific rules, definitions, and legal parameters around what constitutes fault and which parties are ultimately responsible. To help provide some clarity on this complex topic, here are answers to commonly asked auto accident law questions regarding fault in Missouri.

Answers to Common Questions About Fault

How is fault determined in Missouri?

Missouri utilizes a fault system known as pure comparative negligence. This means that compensation is awarded based on the percentage of fault each party holds for their role in the accident. There are, however, no precise legal guidelines for dividing up fault percentages, so much depends on your understanding of auto accident law and the attorney you hire.

Can you still recover damages if you're more than 50 percent at fault?

Some states with comparative negligence laws put limits on how much a person can recover if they are over 50 percent responsible, but Missouri is not one of them. You can conceivably get in a car crash in Missouri, be 99 percent responsible, and still be compensated for that 1 percent in damages.

What is an example of pure comparative fault?

Driver A rear ends Driver B at a stoplight. Driver A sustains $10,000 worth of damage, and Driver B sustains $20,000. Driver A is determined to be 80 percent at fault because they did not stop, but Driver B bears some responsibility as well because the light was green and they were distracted; Driver B is determined to be 20 percent at fault. Driver A can be compensated $2,000, while Driver B can be compensated $16,000.

How can an attorney help?

Auto accident attorneys know how to make the law work for their clients. They will launch their own investigation into the crash, collect the facts, and build a strong case that supports your position. They will also help in the process of filing an insurance claim, where most decisions of fault are first established. They negotiate with insurers to get you the results you need, and if necessary, they will take the case to the next level of presenting it to a judge and jury. You can be confident that a legal professional will be fighting for you and your rights.

Knowing the basics of auto accident law and the complicated area of fault will ensure you get the compensation you deserve. Accident and personal injury attorney Zane Privette at Privette Law Office is here to provide you with skilled legal counsel at every step of your case. Since 1984, he has been serving Howell County, MO, in accident, injury, family law, and many other types of cases. Call (417) 469-3535 or visit him online to arrange a free consultation today.